SHIV KRIPAL AND 2 OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. FINANCE DEPTT. LKO. AND 3 OTHERS
WRIA/9609/2025 · 2025-08-26
Manish Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 160027 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 160027 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 9609 of 2025 Court No. - 8 HON'BLE MANISH MATHUR, J.
1. Heard learned counsel for petitioners and learned State Counsel for the opposite parties.
2. Petition has been filed with the following prayer:
"(I) Issue a writ, order or direction in the nature of certiorari thereby quashing the provisions of restoration period as 15 years as provided in Government order dated 23.07.1987 and Government order dated 06.12.1990, contained in Annexure No.1 & 2 to this writ petition, in the interest of justice. (II) Issue a writ, order or direction in the nature of certiorari thereby quashing the provisions of restoration period as 15 years for the recovery of amount of commuted pension as amended and modified by subsequent Government order issued by State Government after summoning the complete record, in the interest of justice. (III) Issue a writ, order or direction in the nature of mandamus directing the opposite parties to restore the commuted pension after expiry of 10 years 11 months or at best 11 years instead of 15 years as provided in Government order dated 23.07.1987 and Government
order dated 06.12.1990 amended and modified by subsequent Government
order issued by State Government, with all consequential benefits, in Versus Counsel for Petitioner(s) : Amit Srivastava Counsel for Respondent(s) : C.S.C. Shiv Kripal And 2 Others .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Finance Deptt. Lko. And 3 Others .....Respondent(s)
the interest of justice. (IV) To issue a writ, order or direction in the nature of mandamus directing the opposite parties not to deduct the amount of commuted portion of pension from the monthly pension after the expiration of 10 years 11 months or at best 11 years, during the pendency of this writ petition before this Hon'ble Court. (V) To issue a writ, order or direction in the nature of mandamus to refund the excess amount of money it recovered from the pension with regard to the commuted amount relating to the petitioner. (VI) Any other order or direction which this Hon'ble Court may deem fit just and proper may also kindly be passed in favour of the Petitioner. (VII) Allow the writ petition with cost in favour of the petitioner"
3. Learned counsel for the parties admit that the case of the petitioners is squarely covered by judgment of this Court in WRIT - A No. - 5617 of 2024 (Dr. Om Prakash Srivastava And Others v. State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Finance Lko 3 Others) and other connected matters decided on 28.05.2025.
4. Considering aforesaid, the writ petition is disposed of finally providing that petitioner of this writ petition shall also be entitled to benefit of judgment rendered in WRIT - A No. - 5617 of 2024 (Dr. Om Prakash Srivastava And Others v. State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Finance Lko 3 Others). August 26, 2025 V. Sinha WRIA No. 9609 of 2025 2 (Manish Mathur,J.) Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench